A Federal High Court in Abuja has declared as unconstitutional and a breach of fundamental rights to freedom of worship the National Youth Service Corps’ (NYSC) refusal to allow female corps members to wear skirts in observance of their religious beliefs.
Justice Hauwa Joseph Yilwa, in the judgement, held that the NYSC’s enforcement of trousers as the only acceptable uniform for female participants violated their constitutionally guaranteed rights to freedom of religion and human dignity.
The cases, which were separately filed by former corps members Miss Ogunjobi John Blessing and Miss Ayuba Vivian, were consolidated by legal similarities and both adjudicated by Justice Yilwa.
In suits marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020 respectively, the applicants argued that being compelled to wear trousers ran contrary to their Christian faith, referencing Deuteronomy 22:5, which they interpret as forbidding women from donning garments associated with men.
In a judgement delivered on June 13 and 14, 2025, a certified true copy of which was sighted at the weekend, the court held that the NYSC’s insistence on trousers not only infringed on the applicants’ right to manifest their religion under Section 38(1) of the 1999 Constitution (as amended) but also subjected them to undue harassment and degrading treatment.
Justice Yilwa, in strongly worded decisions, granted all reliefs sought by the applicants and issued identical orders in both cases: A declaration that the refusal to allow skirts for religious purposes is unconstitutional.
An order mandating NYSC to recognise and permit the use of skirts for female corps members with genuine religious objections.
A directive compelling the NYSC to recall the affected former corps members and issue certificates to each of them accordingly.
The court also made a declaration that the harassment, embarrassment, and humiliation which the applicants were subjected to in the hands of the agents of the respondents is a clear infringement on the applicants’ fundamental right to religion and freedom to manifest the same in practice.
The judge awarded ₦500,000 in damages to each applicant for the violation of their fundamental rights.
Although both applicants had claimed ₦10 million in damages, the court described the ₦500,000 award as adequate in the circumstances.
The judgement further stressed that denying the applicants an avenue to complete their service due to their attire amounted to religious discrimination.
“The action of the respondents resulted in the applicants being embarrassed and humiliated. This is an outright infringement of their fundamental rights,” Justice Yilwa stated.
The applicants had, in their separate suits, sought the enforcement of their fundamental rights to freedom of religion alleged to have been violated by the respondents.
Listed as respondents in the suits FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020 are the National Youth Service Corps and the Director General of NYSC.
The application was brought pursuant to Order 11 Rules 1, 2, 3, 4, & 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Sections 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 2, 5, 6, 8, 10, 17 & 19 of the African Charter on Human and Peoples’ Rights, and under the inherent jurisdiction of the court, which sought the following reliefs:
“A declaration of this Honourable Court that the refusal of the respondent to recognize and allow skirt as part of the National Youth Service Corps (NYSC) uniform is a breach of the applicant’s right as contained in Section 38(1) of the 1999 Constitution (as amended) as well as Deuteronomy 22:5 of the Bible and a misreading of 2nd Schedule Article 1 (I)(a) of the NYSC Bye Laws 1993.
“A declaration of this Honourable Court that the use of a skirt by the applicant in National Youth Service Corps forms part of her fundamental rights to freedom of religion and freedom to manifest same in practice and observance as contained in Section 38(1) of the 1999 Constitution (as amended).
“A declaration that the harassment, embarrassment, and humiliation which the applicant was subjected to in the hands of the agents of the respondents is a clear infringement on the fundamental right of the said applicant to religion and freedom to manifest same in practice, as well as the fundamental right to dignity of human person and protection from degrading treatment.
“An order of this Honourable Court mandating the respondents, their servants, agents, privies or whatsoever called to recognize, allow, and provide skirt for the applicant or any female wishing to use same in line with Section 38(1) of the 1999 Constitution (as amended) and the Book of Deuteronomy 22:5.
“Damages in the sum of N10,000,000.00 (Ten Million Naira). And such further order(s) as the Honourable Court may deem fit to make in the circumstances.”
